URGENT advice needed. Letting agent threatening to change locks on my door

princeofpounds

Well all the stuff about charges is nonsense. Whilst you might be liable to pay some costs it's a judge who decides and they are normally more lenient on less-professional and consumer parties. Plus they are usually not keen to award much more than court costs if you argued a reasonable defence, hiring a lawyer being partly a cost of business for a landlord.

If you pay any costs within (IIRC) 10 days you don't get a CCJ anyway.

And what does he want you to contact him about? Either he wants you to leave or he doesn't? That's confusing.

QuantumSuccess

princeofpounds wrote: »

Well all the stuff about charges is nonsense. Whilst you might be liable to pay some costs it's a judge who decides and they are normally more lenient on less-professional and consumer parties. Plus they are usually not keen to award much more than court costs if you argued a reasonable defence, hiring a lawyer being partly a cost of business for a landlord.

If you pay any costs within (IIRC) 10 days you don't get a CCJ anyway.

And what does he want you to contact him about? Either he wants you to leave or he doesn't? That's confusing.

Thank you. So if it is up to the Judge how much might be awarded in costs, why is this LA telling me that should I lose the case I WILL have to pay those large amounts in his letter? Also why is he saying "We WILL be successful in obtaining a Possession Order"? How can he possibly know what any Judge might decide in the future? Is he psychic???

This is just too weird and it is really doing my head in.

Gwhiz

Quantum - if it's weird for you just think how weird it seems to us.

I thought my BS detector was twitching when you first started this thread...but the more this goes on it just seems that the LA are pure and simpe MENTAL!!!

RAS

QuantumSuccess wrote: »

"You are being served this notice in the presence of a witness. As a requirement under the Housing Act 1988 we cannot commence proceedings until after [gives date 2 weeks away]. Once the notice has expired, we will have our appointed representative prepare the possession proceedings against you. At a later date there will be a hearing of your application at the County Court. You will be required to attend this hearing. We will be successful in obtaining an Order for Possession (as against a Suspended Order for Possession).

Our charges to you for preparing the S.8 Notice will be £30.00 plus VAT. For the County Court Summons and steps up until a possession order is granted we charge £600 plus VAT for enforcement with the bailiff we charge £60.00 plus VAT. Full proceedings will begin on {gives date 2 weeks away}, where a court date will be requested. You must be aware that you will be liable for your own disbursement costs, like court fees, our fees and enforcement fees.

Please note that a possession order will also result in a county court judgement made against you for any outstanding fees that you owe us and this will affect your credit rating, and will make it impossible for you to get credit anywhere until such time as the debt is repaid.

IMPORTANT NOTE

Once the proceedings begin, the process will not be stopped. Please contact me at your earliest convenience. It is always best to liase with us to avoid unnecessary action. We will need to make regular visits to your property in case you abscond without communicating your intent to leave."

he is a maniac

It is not the least likely that he will be granted a possession order based on the section 8 notice for breach of the tenancy agreement;

it is a discretionary ground
there is considerable doubt as to whther there is even a real breach of the tenancy agreement.

even if he wins (not likely) the judge decides what costs are granted not buggins. if he loses, you ask for him to pay your costs; if he wins, you ask for both parties to pay their own costs. Given that the tenancy ends in a few months, I think a judge would view this case as vexatious and refuse him costs.

Bailiff do not even come into it.

And he has no right to visit the property. And he has no right to suggest that you are a potential absconder.

OP, I really think you need to go to the Private tenants advisor at the COuncil and maybe to spend £50 getting a legal letter explaining to this twerp that his action now constitutes haressment which is a crime.

Photocopy the letter. send two copies to the LL, in separate envelopes posted from separate post office with certificates of posting, adding a note that you are now in receipt of unfounded threats.

QuantumSuccess

Gwhiz wrote: »

Quantum - if it's weird for you just think how weird it seems to us.

I thought my BS detector was twitching when you first started this thread...but the more this goes on it just seems that the LA are pure and simpe MENTAL!!!

This is not one of the big-name Letting Agencies like Foxtons etc. It's a small local one owned by the very same man who is making all these threats. I've done a bit more research on him now and the consensus from other tenants is that he is extremely aggressive and that the customer service at the agency is non-existent. They sent me a tenant's manual a few months back which just outlines what to do if there is a problem with any of the utilities in the flat, or pest control issues and so on. Reading through the manual last night I found that even the wording in the manual was unnecessarily aggressive and confrontational. ROFLMAO. He has also posted on some online forums and he has been extraordinarily aggressive on those as well.


Great. :cool::eek:

Gwhiz

QuantumSuccess wrote: »

He has also posted on some online forums and he has been extraordinarily aggressive on those as well.


Great. :cool::eek:

You should let us know which ones. Some LA baiting might be a good tonic

QuantumSuccess

RAS wrote: »

he is a maniac

It is definitely seeming that way....

RAS wrote: »

if he loses, you ask for him to pay your costs; if he wins, you ask for both parties to pay their own costs.

Really? That's clearly not what he's saying, is it?

RAS wrote: »

And he has no right to visit the property. And he has no right to suggest that you are a potential absconder.

Judging from his wording in the letter, does he mean he is going to visit the property and try to let himself in do you think? Or just keep ringing my doorbell. Seriously !!!!!!!? I just don't believe it's legal for him to do this or threaten to do this. And what an idiot to have the arrogance to put such threats in writing.

RAS wrote: »

OP, I really think you need to go to the Private tenants advisor at the COuncil and maybe to spend £50 getting a legal letter explaining to this twerp that his action now constitutes haressment which is a crime.

I think that time has come. Anyone know what laws he might be breaking in terms of the harassment? It's well worth spending money on a solicitor giving this pratt a warning.

dancingfairy

As it appears you now want to leave (understandably) I think I would be inclined to write to the Landlord saying that as communication between you and the letting agents appears to be beyond repair you can be out in 4 weeks - subject to being released from the remainder of the contract. That this is not an admission of being in the wrong merely that the relationship appears to have broken down with the letting agents.
This would then save both parties from having to potentially bear any court costs and to try and ensure a speedy resolution to the matter.
I'd also consider putting the door back as it should be as you leave so you can't be held liable for any costs - even though it doesn't seem particularly unreasonable to me to have one anyway but check that this doesn't mean that you are accepting that you were in the wrong.


I guess you've got to wait now though until you hear back from the landlord regarding your first letter. It does all seem complately bonkers to me that this is over a lock that was fitted on the advice of the police. It seems like they had your card marked already for some reason - or they are just plain crazy/or using this to get more fees from the landlord etc.
Did we establish how they found out you had fitted this lock? Were they trying to gain acess to your flat and if so, why? Presumably they hadn't given you the required notice and clearly there was no emergency - unless they received your letter - in which case why didn't they respond?
I am not qualified to give advice but this is what I'd do to try and avoid pointless court action and to show that you are reasonable and they are not and to minimise the chances of money being taken from your deposit. But I'd want a quiet life. I suppose it depends on whether you want to stand up to these people.

df

d.ross_2

QuantumSuccess wrote: »

Judging from his wording in the letter, does he mean he is going to visit the property and try to let himself in do you think? Or just keep ringing my doorbell. Seriously !!!!!!!? I just don't believe it's legal for him to do this or threaten to do this. And what an idiot to have the arrogance to put such threats in writing.

From your posts it sounds like he has alredy tried to gain access to your property, and the whole issue started because he failed.

d.ross_2

Have you ever had any comntact with the LL? Is he aware of the way the LA behaves?

If I were you I would make the LL aware, and they may change LA.